Court File and Parties
COURT FILE NO.: CV-18-605311 DATE: 20190208 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: William Rallis on his own behalf and that of The Estate of Fay Arlene Fuerst, B.A. LLB. and Fay Fuerst B.A. LLB. 1955-2013, Plaintiff AND: The Honourable Frederick L. Myers et al., Defendants
BEFORE: Justice M.L. Edwards
COUNSEL: William Rallis, Self-represented Plaintiff Daniel Mayer, Counsel for the Defendants, the Honourable Frederick L. Myers, the Honourable David L. Corbett, the Honourable Gloria Epstein, the Honourable Benjamin T. Glustein, the Honourable Markus Koehnen, Master Andrew T. Graham, the Honourable Stephen E. Firestone, Her Majesty the Queen in right of the Province of Ontario, the Honourable Shaun S. Nakatsuru
HEARD: In Writing
Endorsement
Background
1This matter came before me on October 23, 2018 with respect to a request to have the action against various named judicial officials and court staff dismissed pursuant to Rule 2.1.01 of the Rules of Civil Procedure as being an action that on its face is frivolous, vexatious and/or an abuse of process of the court. I directed that a copy of my Endorsement be provided to the Plaintiff, and in accordance with my direction notice was provided to the Plaintiff that the action would be dismissed within 15 days if he did not file written submissions.
Analysis
2It is a well-known principle of law that a judge enjoys absolute judicial immunity in the performance of his or her judicial function (see: Edwards v. Canada (Attorney General), 46 O.R. (3d) 447 per Lax J. The claim as pleaded against the various named judicial Defendants – specifically, Justices Myers, Corbett, Epstein, Glustein, Koehnen, Firestone, Nakatsuru and Master Graham, all relate to allegations relating to the performance of their respective judicial functions. As such, any claim made in that regard is frivolous, vexatious and an abuse of the court, and shall be dismissed.
3As it relates to the claims against the various judicial staff named as Her Majesty the Queen in right of the Province of Ontario, improperly named as judges’ administration staff, Judge Glustein’s assistant staff, Court Registrar Staff, Ms. Roxanne Johnson, Mr. Bosco, Mr. Joe Di Peatro and Chris De Gregorio. The claims as against these Defendants, who I will collectively refer to as the Court Staff Defendants, engages the application of the Proceedings against the Crown Act, R.S.O. 1990, c. P.27, and specifically s. (5)(6) which provides:
No proceeding lies against the Crown under this section in respect of anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in the person or responsibilities that the person has in connection with the execution of judicial process.
4The claim as pleaded against the Court Staff Defendants in my view falls within the limitation of liability provided for in s. (5)(6) of the Act, and again properly engages Rule 2.1.01(1) of the Rules of Civil Procedure.
Disposition
5The claims as against the named judicial officials and against the named Court Staff Defendants are frivolous, vexatious and an abuse of process of the court. As such, those claims shall all be dismissed without costs.
6A copy of this Endorsement shall be provided to the Plaintiff.
Justice M.L. Edwards Date: February 8, 2019